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- Constitutional History (61)
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- Peter J. Aschenbrenner (61)
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- Akron Law Faculty Publications (1)
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- Barry Cushman (1)
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- Jeffrey B. Morris (1)
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- Mark Graber (1)
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Articles 1 - 30 of 86
Full-Text Articles in History
The Secret Lives Of The Four Horsemen, Barry Cushman
The Secret Lives Of The Four Horsemen, Barry Cushman
Barry Cushman
"Outlined against red velvet drapery on the first Monday of October, the Four Horsemen rode again. In dramatic lore they are known as Famine, Pestilence, Destruction, and Death. These are only aliases. Their real names are Van Devanter, McReynolds, Sutherland, and Butler. They formed the crest of the reactionary cyclone before which yet another progressive statute was swept over the precipice yesterday morning as a packed courtroom of spectators peered up at the bewildering panorama spread across the mahogany bench above." Or so Grantland Rice might have written, had he been a legal realist. For more than two generations scholars …
Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner
Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner
Peter J. Aschenbrenner
Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices underlying various clauses. However, no delegate had access to the official journal of the constitutional convention.
A Horse! My Constitution For A Horse! Wm. Shakespeare And Alex. Pope Serve The Delegate Laureates, Peter Aschenbrenner
A Horse! My Constitution For A Horse! Wm. Shakespeare And Alex. Pope Serve The Delegate Laureates, Peter Aschenbrenner
Peter J. Aschenbrenner
‘We the people’ is justly celebrated, and was upon its first reading, by those assembled in Philadelphia. OCL, having studied the orthography and punctuography of the instrument, along with its semantic provenance, now turns to the meter of it all.
Table Annexed To Article: British Orthography In The Early Constitution, Peter Aschenbrenner
Table Annexed To Article: British Orthography In The Early Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
OCL surveys the appearance of British spelling in the Early Constitution. The stylistic developments during the course of 27 years are tracked.
Speeches And Essays On The Jay Treaty Funding Bill (1796), Peter Aschenbrenner
Speeches And Essays On The Jay Treaty Funding Bill (1796), Peter Aschenbrenner
Peter J. Aschenbrenner
William Vans Murray challenged James Madison on the floor of the House to take up the mantle of “oracle” of the constitution. James Madison refused and returned that it was the ratifiers, not the writers, of the constitution whose opinion mattered. Hamilton, having had his say and taunted Murray into the fray, is quoted in full (and for good) measure. The year is 1796 and we still don’t know the answer to the question ‘Why do we have a constitution.’ OCL explores these issues.
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
Student Publications
The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.
Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner
Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices behind various clauses. However, no delegate had access to the official journal of the constitutional convention.
Table Annexed To Article: Our Constitutional Kinesis: Words That Can Go Like A Machine, Peter J. Aschenbrenner
Table Annexed To Article: Our Constitutional Kinesis: Words That Can Go Like A Machine, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Constitution II, the Philadelphia constitution (1787), inspired many ‘machine/ry’ references. OCL catalogs, with the help of acknowledged secondary sources, a working list of metaphors which were deployed to credit and discredit our second constitution.
Table Annexed To Article: Congress And Parliament Deploy Appraisives (1801-1802), Peter J. Aschenbrenner
Table Annexed To Article: Congress And Parliament Deploy Appraisives (1801-1802), Peter J. Aschenbrenner
Peter J. Aschenbrenner
Parliament (primary text writer, the House of Commons) produced 24,647 words beginning in 1801; in in a comparable interval, Congress produced 27,123 words. By coincidence, this was the first year that Parliament served as the text-writer for the newly-minted United Kingdom of Great Britain and Ireland. Appraisives in the English language, numbering 3,683 have been tested against the Early Constitution. Appraisives in the Early Constitution, 2 OCL 193. This investigation tests the known class of appraisives in these target vocabularies employed by Congress and Parliament. Mean words between ‘hits’ are returned.
Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong, Jeffrey B. Morris
Jeffrey B. Morris
No abstract provided.
A New Introduction To American Constitutionalism, Mark Graber
A New Introduction To American Constitutionalism, Mark Graber
Mark Graber
A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form …
Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner
Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner
Peter J. Aschenbrenner
The eighty-five Federal Papers (authors James Madison and Alexander Hamilton; John Jay contributed five) are justifiably famous as elaborations of constitutional structure and text, sans citation to the convention, understandably, since secrecy imposed by Standing Order on May 28th was continued indefinitely (at the pleasure/non-action of Congress) on September 17th. Counts on semantic value/s of ‘constitution’ and ‘constitutional’ are surveyed.
A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner
A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner
Peter J. Aschenbrenner
Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.
New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi
New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi
Student Publications
In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …
Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine
Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine
Articles by Maurer Faculty
In 1842, the Supreme Court issued a landmark decision in Prigg v. Pennsylvania, resolving a dispute about fugitive slave rendition that had raged between the states for decades. H. Robert Baker’s analysis of the decision and the events that led up to it is the first book-length work to investigate Prigg and its place in American history. Baker traces the development of fugitive slave laws and recounts the heart-wrenching story that lies behind Prigg to shed light on the Supreme Court’s decision and the gradual clarification of American federalism.
Order Of Delegate Arrival At Philadelphia Tabled Against Support/Opposition To Constitution, Peter J. Aschenbrenner, David Kimball
Order Of Delegate Arrival At Philadelphia Tabled Against Support/Opposition To Constitution, Peter J. Aschenbrenner, David Kimball
Peter J. Aschenbrenner
Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Arrival of the delegates is matched with support/opposition for the Constitution.
Delegate Arrivals At Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner, David Kimball
Delegate Arrivals At Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner, David Kimball
Peter J. Aschenbrenner
Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.
Table Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter J. Aschenbrenner, David Kimball
Table Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter J. Aschenbrenner, David Kimball
Peter J. Aschenbrenner
Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.
Table Annexed To Article: A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter J. Aschenbrenner
Table Annexed To Article: A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter J. Aschenbrenner
Peter J. Aschenbrenner
Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.
Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner
Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner
Peter J. Aschenbrenner
The traditional citation format for reference to specific passages in the federal constitution does not account for the order in which text was added, changed or deleted; a new citation format is proposed, called ‘Constitutional Text Units’; Madison’s June, 1789 suggestion for maintaining a coherent presentation is explained and defended.
Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Peter J. Aschenbrenner
From the beginning of the nation (October 7, 1777) to the disaster of Dred Scott (March 6, 1857), the United States has produced thirty-two articles worth of constitutioinal text, in 133 constitutional text units, beginning with the Articles of Confederation (opening date noted above). OCL names all the writings and groups them, for the first time.
Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Peter J. Aschenbrenner
From the beginning of the nation to disaster of Dred Scott (March 6, 1857), the United States has produced twenty-one writings which may be grouped as constitutional text units after the Articles of Confederation. OCL names all the writings and groups them, for the first time.
Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter, Neil H. Cogan
Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter, Neil H. Cogan
University of Akron Press Publications
Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, …
Table Annexed To Article: Our Aesthetic Constitution, Peter J. Aschenbrenner
Table Annexed To Article: Our Aesthetic Constitution, Peter J. Aschenbrenner
Peter J. Aschenbrenner
If natural language is deficient, then descriptions-in-words of constitutions may suffer the same fate. What other choices are there, when an investigator – or more typically, a speaker in ordered discourse – or even more usually a speaker uttering demotic elaboration – sets out to describe constitutional text? Isn’t it obvious that artifacts featuring words lock users into using more words? OCL offers (the first of) several studies.
Our Aesthetic Constitution, Peter J. Aschenbrenner
Our Aesthetic Constitution, Peter J. Aschenbrenner
Peter J. Aschenbrenner
If natural language is deficient, then descriptions-in-words of constitutions may suffer the same fate. What other choices are there, when an investigator – or more typically, a speaker in ordered discourse – or even more usually a speaker uttering demotic elaboration – sets out to describe constitutional text? Isn’t it obvious that artifacts featuring words lock users into using more words? OCL offers (the first of) several studies.
Tapp, George Hambleton, 1900-1994 (Sc 2739), Manuscripts & Folklife Archives
Tapp, George Hambleton, 1900-1994 (Sc 2739), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 2739. Paper titled “Should Kentucky Revise Her 1891 Constitution by Convention?” written by George Hambleton Tapp and dated August 1947.
Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci
Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci
Honors College
Since their creation, automobiles have become a central facet of the American culture and psyche. As status symbols and modes of transportation their importance cannot be overstated. Americans love their cars, and the average citizen believes that he or she has legitimate privacy interests in his or her vehicle. But is this the case? For decades, The Court has struggled to balance 4th Amendment privacy rights with effective police procedure, and has thus handed down dozens of rulings on the topic, many of which often seem disparate and contradictory. In the face of such confusion, the Court’s answer has almost …
Table Annexed To Article: The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner
Table Annexed To Article: The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL explores the mathematical logic of blocking power, that is, the power to block organic change. In Constitution I (the Articles of Confederation) the formula was absurdly simple. Any state, no matter how geographically small, economically insignificant and revoltingly irrelevant could block organic change desired by all the other constituents. Hence, secession orchestrated (via Constitution II) so that the first nine states (willing to do so) could secede from Rhode Island.
How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner
How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner
Peter J. Aschenbrenner
In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?
The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner
The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL explores the mathematical logic of blocking power, that is, the power to block organic change. In Constitution I (the Articles of Confederation) the formula was absurdly simple. Any state, no matter how geographically small, economically insignificant and revoltingly irrelevant could block organic change desired by all the other constituents. Hence, secession orchestrated (via Constitution II) so that the first nine states (willing to do so) could secede from Rhode Island.